Federal trademark is filed with the USPTO and provide protection in all 50 states. To file for a federal trade mark application the owner must be currently using or intending to use the mark in commerce across state lines.

State service marks are typically filed with the state’s Secretary of State Office and provide for service mark protection within the state. Common Law trade mark rights are obtained through use of the mark and are not governed by federal or state statute based on filing a trade mark application, instead common law trade mark rights developed under court created rights governed by state law.

Since common law trade mark rights are obtained through use their scope is limited to the geographic area in which the mark is actually used or in areas it may naturally expand.

If you wish to file a US trademark application please call trade mark attorney

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Trademark Definition

What is a Trademark? A trade mark™ is a form of protection used to brand or promote a product being offered in the market place in the form of a word, name, phrase, tag-line (Standard Text Characters) or symbol, graphic, color (Stylized and/or Design) or a combination of both used or intended to be used to identify and distinguish the products/services of one seller or provider from those of others, and to indicate the source of the products/services.

In addition, other trademarks categories, such as those based on color, smell,  sound, patterns or any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities may be protected.  Note, the essential function of trademarks is to exclusively identify the commercial source or origin of products or services identified by the mark.

What is a Service Mark? A service mark (SM) is a mark similar to trademarks, except it a form of protection used to brand or promote a service being offered in the market place. The terms “trademark” and “mark” often are used to refer to both trademarks and service marks.

What is a Trade Name? A trade name or a business name is the name a business uses for commercial purposes. (The legal name is the name registered with the state secretary of state office, such as ____ Inc., LLC or Partnership or the name used for contracts.)

What is Doing Business As? DBA (doing business as) is a name of a business or operation other than the owner or proprietor’s name, or legal name such as Inc., LLC or Partnership of the business. Most jurisdictions require businesses operating with fictitious names to file a DBA statement for consumer protection purposes with the county and/or state.

How much does a Trademark cost
Trademark Registration
Register your Trademark

US Trademark Application: ~$950. Attorney time $625 to prep federal trade mark application papers plus a $325/275 USPTO filing fee and paralegal fee for a single goods/service class & single mark; for each additional goods/service trademark’s classification beyond the first – $150 attorney time (plus $325 additional filing fee  and paralegal fee for each additional goods/service class).  Trademarks fall into one or more of 45 classes of goods and services description categories. “In-Use” Trademark’s applications (currently promoting mark across state lines) typically take 6 months to receive an office action from USPTO and 6 months thereafter to register.  Add another 6 months to 2 years for “Intent to Use” To convert there is a conversion fee and atty time to convert.Trademark applications (intend to later promote or use the trade mark across state lines). Additional fees are required to respond to a Trademark office action. Internet US Trademark filing. Time to prep: 1 week.

When should you use ® vs. TM/SM? Any time you claim rights in a mark that identifies a product or service, you may immediately use the “TM” (trade mark on goods) or “SM” (service mark for services) designation to alert the public to your claim,  whether you have filed a trademark application with the US Trademark Office or not.

® may only be used after registering with the US Trademark Office.
You may only use the federal registration symbol “®” after the federal US Trade mark Office actually issues a registration for your mark, and not during a pending trademark application or after your registration has expired.